Recent Blog Posts in July 2010

Questions Not to Ask a Criminal Attorney

If you're arrested for a theft, driving under the influence, drug charge or other crime, it is often hard to know what questions to ask a criminal defense attorney.  This is the first in a series of articles designed to answer the question of what not to ask.

*What is the worst thing that can happen?

Be prepared to be horrified if you ask a criminal attorney this question. This is because jail time is usually a possibility in all criminal cases.  A first offense DUI could conceivably net 6 months in jail.

A better question: What could realistically happen?

This question may get you an answer that is more applicable to your case and won't cause you to have a seizure!

Criminal Law Update

Driving Under the Influence

-CDL Suspension/Restriction

Further research regarding the recent amendment to CVC Sections 13352, et. al. has answered some questions.  It has, however, also raised more questions.

It appears that amended CVC Section 13352(a)(3) allows a conviction triggering suspension for only some types of DUI convictions (i.e., 2^nd offense driving under the influence of alcohol only). However, it also appears that the APS suspension [§ 13353.3(b)(2)] has remained the same.  This means that an individual cannot get a license after only a 90 day suspension unless he/she wins the APS hearing. 

This amendment seems both pointless and confusing.  Apparently, however, some form of emergency legislation aimed at clarifying this issue is pending.  Please wait to be advised.         

As a continuation of my previous criminal law articles concerning California Driver's License restrictions, what follows is the new California Vehicle Code Section 13352, et.al:

As of July 1, 2010, these new amendments, particularly CVC § 13352(a)(3), indicate that an individual convicted of a 2^nd offense driving under the influencemay, under certain circumstances, be able to reduce his CDL suspension from 1 year to 90 days.

Although no one is happy to have their license suspended for 90 days, there is a big difference between 90 days and 1 year.  The question that will be addressed next is: What effect does this have on the 1 year APS restriction?  

Amendment to California Vehicle Code Section 13352.5(a)(3):  The person completes not less than 90 days of the suspension period imposed under paragraph 3 of subsection (a) ofCVC § 13352. The 90 days may include credit for any suspension period served under subsection (c) of CVC § 13353.3.

This replaces previous CVC § 13352.5 insofar as it changes from a mandatory 1 year suspension to a mandatory 90 day suspension in 2^nd time DUIs.  This may mean that under certain circumstances, an individual may be able to acquire a restricted license sooner - Stay tuned for Part 2 of this discussion.   

[Effective July 1, 2010] Amendments to California Vehicle Code Sections 13352, 13352.5, 23109, 23550, 23550.5, 23552, 23566 and 23568:

The ultimate purpose of these changes will result in some people being able to get their California Driver's License back earlier than before.   

According to California Highway Patrol reports, DUI arrests in Orange County over the July 4^th holiday dropped slightly from 2009. 

While 57 people were arrested for suspicion of drunken driving on Orange County freeways over the 2009 holiday weekend, only 51 were arrested during the same period this year.  Fortunately, no Orange County fatalities within theCHP jurisdiction were reported in 2009 or 2010.  Statewide, however, CHP reported over 1200 people were arrested for driving under the influence and 24 people were killed in alcohol-related accidents (80% of which were not wearing seatbelts) during the 2009 4^th of July holiday weekend.           

Effective July 1, 2010, a new California law applicable in four counties requires those convicted of driving under the influence to install a breathing tube and ignition interlock device on their vehicles. 

The installation of this device, which prevents the vehicle from starting if alcohol is detected on the person's breath, will be required of all first-time and repeat offenders in the Counties of Alameda, Los Angeles, Sacramento and Tulare.

The cost to the DUI offender is estimated to be $125 for installation, $60 per month for maintenance and $45 for administration fees.  A low-income program, however, is available for those who cannot afford these fees.